Permission required for trust property sale
ravi
(Querist) 23 March 2013
This query is : Resolved
is it require to take permission of Dj to sale the property of trust of 2 brothers who have powered to sale the property of trust according trust deed but beneficiary of that trust also are public. kindly comment that permission is required or not. thank you
Shashikant V. Patil
(Expert) 23 March 2013
Permission of Charity Commissioner is required to sell the property of trust.
Sankaranarayanan
(Expert) 23 March 2013
Investment in immovable property requires Charity Commissioner’s permission. No permission is necessary if immovable property is acquired to fulfill objects of the trust; e.g.; construction of school building, library etc. Prior permission of Charity Commissioner is required for sale,
R.K Nanda
(Expert) 23 March 2013
yes,CC permission is needed.
Raj Kumar Makkad
(Expert) 24 March 2013
Trust cannot sale its immovable property without specific permission of Charity commissioner.
V R SHROFF
(Expert) 24 March 2013
Trust requires previous permission from CC.
ajay sethi
(Expert) 24 March 2013
agree with experts . prior consent of chairty commissioner is necessary
ravi
(Querist) 01 April 2013
Kindly mention the section
ravi
(Querist) 01 April 2013
Kindly mention the section
prabhakar singh
(Expert) 01 April 2013
Unless there is any specific legislation passed in the state barring the civil court jurisdiction,as is one in Maharashtra,it is the District Judge of the Civil Court who has the jurisdiction under section 92 of the
Code of Civil Procedure.
Raj Kumar Makkad
(Expert) 01 April 2013
Under section 92 of CPC, two or more persons for a public cause ay come before civil court but here the question is related with the sale of the trust immovable property and its permission.
prabhakar singh
(Expert) 01 April 2013
Powers conferred under section 92 are very vast and it comprises of permission to sale also.It would take you long time to assimilate the section.Any way the exact one is quoted below:
S.92 C.P.C"(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;"